Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 44 CC NI ACT / 3019/2025 MUDIT GUPTA Vs. GURU NANAK INDUSTRIES /0 (North
Rohini)
Proceedings are being conducted through Webex online application.
06.10.2025
Present : Sh. Aslam, Ld. Counsel for complainant.
None for proposed accused.
As per service report filed by Ld. Counsel for complainant alongwith supporting
affidavit, the notice has been duly served upon proposed accused through speed post. [Ahalmad
is directed to upload the service reports on all the digital platforms of the Court]. However,
despite repeated calls, none has appeared on behalf of the proposed accused today.
A fair opportunity was granted to the proposed accused to appear and explain why
cognizance of offence u/s 138 NI Act should not be taken on the afore-mentioned complaint.
However, the proposed accused, by failing to enter into appearance, has waived off his right to
be heard at this stage.
Arguments heard.
This Court has perused the complaint, cheque, bank return memo, legal
notice, postal receipt and service report pertaining to the legal notice. Perusal of the said
record reveals that the present complaint has been filed within limitation and this Court
has the territorial jurisdiction to entertain the same. Further, as per the averments made
in the complaint,
prima facie, an offence u/s 138 of Negotiable Instruments Act, 1881
appears to have been committed Therefore, in view of the same, this Court takes
cognizance of offence u/s 138 NI Act.
Hon’ble Supreme Court has laid down in the cases of
AC Narayanan v.
State of Maharastra and
Re Expeditious Trial of NI Act cases that the examination of
complainant and his witnesses on oath is a matter of discretion of the Magistrate and
their evidence given on affidavit, if found satisfactory, maybe read as it is for the
purpose of issuance of process. Thus, as the present case has been filed in complete
particulars, this Court does not deem it necessary to call upon the complainant and his
witnesses and conduct their examination on oath.
Considering the averments made in the complaint, documents filed along-
with and affidavit of the complainant in support of the complaint, this Court finds that
there is sufficient material on record to summon the accused.
Accordingly, let summons be issued to the afore-said accused for NDOH,
through all permissible modes including electronic mode i.e., e-mail or Whatsapp (to be
mentioned on the PF form) on filing of PF by the Complainant within 30 days from
today. Copy of the complaint along with documents shall accompany the summons. In
case the house/premises of the accused is found to be locked, summons be served by
way of affixation. Furthermore, if the Complainant fails to file PF within time, the
complaint shall be liable to be dismissed u/s 227(4) of BNSS.
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Complainant is at liberty to serve copy of the summons on accused
person(s) through Registered post/speed post/authorized courier service and via
electronic mode i.e., e-mail or WhatsApp as well. Further, the complainant is directed
to place on record ‘proof of service of summons’ before this Court by NDOH. [Let the
same be e-filed at least 2 days before NDOH].
As per the guidelines laid down in the case titled as “
Damodar S Prabhu v.
Sayed Babala H” Ahalmad is directed to make a mention on the summons issued against
the accused (by adding a separate sheet, if required) that “accused can make an
application for compounding of the offence at the first and second hearing of the case
and if such an application is made, compounding may be allowed by the court without
imposing any costs on the accused. And if the application is made at a subsequent stage,
compounding can be allowed subject to the condition that the accused will be required to
pay 10% of the cheque amount to be deposited with the Legal Services Authority or
such other authority as the Court deems fit.”
Furthermore, it be clearly specified on the summons that, this court being a
digital court, the proceedings are conducted online through Webex Video Conferencing
application and the accused is to remain present through the VC link of the Court on
NDOH.
Put up for report on summons/appearance of accused and further proceedings on
28.03.2026.
Ms. Surbhi Sharma,
Ld. JMFC (NI Act) Digital Court-02,
North-West, Rohini courts,
New Delhi/06.10.2025
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